12.00.00 Law sciences
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OVERCOMING OF CONCEALMENT AND EX-TERMINATION OF EVIDENCE
DescriptionConcealment is a common form of resistance to the investigative process. The author of the article suggests that each investigator should leave some comments added to the case papers in a form of a reference on the peculiar details concerning the concealment and the reticence of the evidence on the case in order to prevent the colleagues from possible mistakes in the further investigation
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Description
Modern legal experts often underestimate the importance of the crime scene examination. However, even when a crime scene is examined by a coroner the goal of the investigative procedure is not always achieved as in Russian investigative practice the detailed examination is often mistaken for the expertise. In order to study the problems of the investigative examination the author has carried out a thorough analysis of the major stages of the crime scene examination method development in Criminal Procedure and Criminalistics
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ELECTRONIC DOCUMENT AS THE SOURCE OF PROOFS
DescriptionThe author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers
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PARTICULARITY OF THE ESTIMATION OF EXPERT'S STATEMENT
DescriptionIn accordance with the Article 17 of the Criminal Code of the Russian Federation, expert evidence is not of the predetermined force for a detective, an investigator, a prosecutor, a judge and a jury. However, historically it is actually estimated as specific evidence different from the other. As early as before the revolution in Russia a court expert was considered to be a scientific judge. An expert is a judge of the facts whose evidence on the case is not actually estimated along with the other types of evidence
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Description
In this article the method of anti-corruption expertise is considered from the point of view of the standard rules of legal technics. For the first time at the federal level corruption factors established the necessary rules of legal technics, which was illustrated by the examples. The recommendations on the establishment of open-ended list of factors of corruption and the rapid adoption of the federal law on laws and regulations were given
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PROBLEM OF CORRELATION OF LAW AND MORALITY ON THE EXAMPLE OF NATURAL LAW THEORY OF V.S. SOLOVYOV
DescriptionThis article refers to correlation of law and morality, to the role of conscience of law in the process of building a Rechtsstaat, analyses Vladimir Solovyov’s Natural Law theory and in particular his ideas of relations of law and morality, substantiates its value for modern legal theory and practice
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REPRESENTATION OF PROOFS BY PARTICIPANTS OF CRIMINAL TRIAL AT THE PROCEEDING STAGE
DescriptionThe competitiveness principle is answered to the full with a situation when proofs the charge party at first represents, then - the protection party, and each of them proves legitimacy of the conclusion and criticises arguments of the opponent. The court definitively should solve, what proofs to reject and what to accept and to pronounce on their basis the sentence. Meanwhile in a criminal trial science separate authors believe, that research of proofs in competitive order practically appears impracticable. The article of the author is devoted to these and other problems
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THE COMPARATIVE ASPECT OF THE MEANINIG OF LOSSES IN ANGLO-SAXON AND RUSSIAN CONVENTIONAL LAW
DescriptionAs a starting point of the research the author proceeds that Great Britain and USA appear as ones of large trade partners. As a sequence there are formed such situations in action, when it’s difficult to solve questions which are bounded with calculation of measure of damages taking into consideration peculiarities of Anglo-Saxon and continental legal families
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Description
The analysis of civil-law norms provided in the fourth part of civil procedure law of Russia allows to express opinion that apprehended and embodied by civil procedure law in sphere of regulation of the right to results of intellectual activity and individualization instruments in the criminal law is not reflected in full, in particular, in article 146 of the criminal code of Russian Federation.
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TO THE PROBLEM OF GUILT DEFINITIONS IN CIVIL LAW
DescriptionThe aim of the article is to systematize by means of analyze overviews concerning the definitions of the guilt which exist in the jurisprudence, to examine the questions of guilt forms influence on differentiation of legal liability measures, liability without guilt and to suggest the course of perfection of acting civil legislation and the practice of its application on the base of the examined material.